• 10 Jun 2025

What is Domestic Violence?

Domestic violence remains a widespread problem across the globe, and India is no exception. It is often used as a means to assert dominance and control within a household, leading to fear, trauma, and harm that being either physical or emotional. In India, domestic violence is most commonly directed at women by their husbands or male family members, though it can affect anyone, regardless of gender, age, or sexual orientation. It usually reflects a pattern where one individual attempts to dominate another within a domestic environment. The intent can be either to maintain control or to manipulate the victim for personal gain.

Before the enactment of the Protection of Women from Domestic Violence Act in 2005, Section 498-A of the Indian Penal Code was the primary legal provision addressing such violence. However, it had significant limitations, including the absence of any provision for relief or compensation for victims and its restricted application only to married women. The 2005 Act addressed these gaps by offering protection and remedies such as shelter, medical support, protection orders, and financial compensation.

What Constitutes Domestic Violence Against Women?

According to the 2005 legislation, domestic violence includes physical, sexual, verbal, emotional, and economic abuse. The Act also considers threats of violence and harassment connected to dowry demands as forms of domestic abuse. The term "aggrieved person" refers to any woman in a domestic relationship who claims to have faced domestic violence. The Act protects wives, female live-in partners, and other women living in shared households who are related by blood, marriage, or adoption.

Legal Framework

India's legal framework around domestic violence evolved to address its multifaceted nature. Section 498-A of the IPC was an early attempt, but its limited scope led to the introduction of the more inclusive 2005 Act. This law offers a range of remedies designed to support survivors holistically. These include protection orders, medical and psychological aid, housing, and financial assistance. It aims to shift the focus from punishment alone to survivor support and rehabilitation.

Definition of Domestic Violence

The Domestic Violence Act provides a comprehensive definition. It includes:

• Physical abuse, such as any act causing bodily injury or endangering health
• Sexual abuse, including non-consensual acts and marital rape
• Verbal and emotional abuse, often involving threats, insults, and manipulation
• Economic abuse, which refers to control over financial resources to limit the victim's independence

Types of Domestic Violence Against Women

Domestic violence takes multiple forms, each causing distinct harm:

• Physical Abuse: This is the most visible and involves acts like hitting or using force. Long-term effects may include chronic injuries or psychological issues.
• Sexual Violence: This includes forced intercourse, sexual assault, and coercion. Marital rape remains an underreported and sensitive issue in India.
• Verbal and Emotional Abuse: This form undermines the victim's self-esteem, causing lasting psychological harm.
• Economic Abuse: Controlling finances can trap victims in abusive situations, making escape and independence difficult.

Causes of Domestic Violence in India

The root causes of domestic violence are varied and interconnected:

• Societal and behavioral factors include gender inequality, poverty, lack of education, addiction, and psychological issues.
• Historical factors stem from patriarchal traditions and entrenched notions of male superiority.
• Religious and cultural factors may reinforce unequal gender roles, while practices like dowry contribute to violence.

Dowry-related abuse is so prevalent that it receives specific mention under the Act as a recognized cause of domestic violence.

Reporting Domestic Violence

Victims can report domestic violence to local police, protection officers appointed by courts, or NGOs and shelters that provide legal, emotional, and logistical support. The choice depends on the individual’s situation, but the aim should always be to prioritize safety and well-being.

Unique Nature of Domestic Violence

What distinguishes domestic violence is its deeply personal and continuous nature. It usually occurs in private settings, making it harder to detect. Unlike isolated violent acts, it often follows a pattern of control and manipulation. The victim may feel trapped, either emotionally or financially, further complicating the situation.

Is Verbal Abuse Recognized as Domestic Violence?

Yes, the 2005 Act explicitly includes verbal abuse within its scope. Often overlooked, verbal abuse can severely damage an individual’s sense of self-worth. It is recognized legally as a valid ground for seeking protection under domestic violence laws.

Can Men File a Case for Domestic Violence?

While the Act does not specifically provide for men to file complaints, men facing abuse can seek legal remedies under other provisions. For instance, under Section 13(1)(ia) of the Hindu Marriage Act, a man can file for divorce on the grounds of cruelty. Although the Domestic Violence Act is seen as welfare legislation focusing on women, awareness is growing about the need for gender-neutral approaches.

What Constitutes Violence Against Men?

Men often experience psychological, verbal, or emotional abuse, which may not leave visible marks but can be deeply harmful. Social norms make it harder for men to come forward, but emotional humiliation or mental cruelty can be just as damaging as physical harm.

Consequences of Domestic Violence Against Women

The impact of domestic violence extends beyond immediate physical harm:

• Short-term effects include visible injuries and emotional distress, affecting the daily life and mental health of the victim and their children.
• Long-term effects include mental health disorders such as PTSD, anxiety, depression, and even substance abuse. It can also cause lifelong physical injuries and social isolation.

Domestic violence disrupts not only personal lives but also societal stability by perpetuating poverty and hindering progress.

Conclusion

Domestic violence in India remains a complex and urgent issue. While the Protection of Women from Domestic Violence Act offers crucial safeguards, much more is needed in terms of societal change, education, and support systems. Ending domestic violence requires collective action to promote gender equality and empower individuals to live free from fear and abuse.